Circular 28/2012/tt-Bct: Detailing The Registration Right, The Right To Export And Import Of Foreign Traders Have No Presence In Vietnam

Original Language Title: Thông tư 28/2012/TT-BCT: Quy định chi tiết việc đăng ký quyền xuất khẩu, quyền nhập khẩu của thương nhân nước ngoài không có hiện diện tại Việt Nam

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CIRCULAR detailing the registration right, the right to export and import of foreign traders have no presence in Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 189/2007/ND-CP on December 27, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of industry and trade and of Decree 44/2010/ND-CP dated 14 December 2010 of the Government modified the and supplements article 3 of Decree 189/2007/ND-CP;
Pursuant to Decree No. 90/2007/ND-CP on May 31, 2007 of the Government regulations on export permission, the right to import of foreign traders have no presence in Vietnam;
Pursuant to Decree No. 23/2007/ND-CP dated 12 February 2007 of the Government regulation in detail trade law on sale of goods operations and activities directly related to the sale of goods of enterprises foreign investment in Vietnam;
Pursuant to Decree No. 12/2006/ND-CP dated 23 January 2006 from the Government detailing the Commercial Law enforcement activities in the international sale of goods and the activities of dealers buying, selling, processing and transiting goods with foreign countries.
Minister of industry and Commerce issued a circular detailing the registration right, the right to export and import of foreign traders have no presence in Vietnam as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This circular stipulates the granting, amending, reissuing, complement, extend, revoke the certificate of registration of a right, the right to export and import of foreign traders have no presence in Vietnam.
2. This circular apply to foreign traders in the country, the territory is a member of the World Trade Organization WTO and the water, the territory has a bilateral agreement with Vietnam on the rights to export and import rights, the organizations and individuals related to export activities import of foreign traders have no presence in Vietnam.
3. This circular does not regulate business activities at the border gate market, market, market in the merchant's Gate economic countries have borders.
Article 2. Implementation of the right to export 1. Foreign traders have no presence in Vietnam (hereinafter referred to as the trader not present) has been issued a certificate of registration of export rights, the right to import export rights as follows: a) Are export items not in the list of goods banned for export, directory of goods export suspension , the list of goods not be exported under the authority of international commitments. For goods exported must meet the conditions prescribed by the law;
b) for goods exports in the category of goods exported under the roadmap of international commitments, follow the roadmap commitments;
c) Was directly doing the procedure of export of goods in the Customs according to the provisions of the law on the basis of the purchase contract signed with Vietnam traders;
d) export must match the content of the registration certificate for the right to export, the importing authority.
2. The trader not present only be directly purchase goods of traders Vietnam has registered business or has the right to export or distribution rights to export goods; no organized network of middlemen in Vietnam to export, including the opening of places to buy export goods gathering, except where the law or international treaties to which Vietnam Republic of Vietnam's Socialist Members have other rules.
Article 3. Make the right to import 1. Traders do not present has been issued a certificate of registration of rights, the right to export and import the import rights are the following: a) are imported items that do not belong to the category of goods prohibited importation, goods import suspension, the list of goods not be imported under the authority of international commitments. With respect to imported goods must satisfy the conditions prescribed by the law;
b) with respect to goods imported in the catalog of goods imported under the roadmap of international commitments, follow the roadmap commitments;
c) Was directly doing the procedure of import of goods in the Customs according to the provisions of the law on the basis of the sales contract signed with Vietnam traders;
d) import goods must match the content of the registration certificate for the right to export, the importing authority.
2. The trader not present only be directly imported sales for traders registered business or Vietnam has the right to distribute goods that, do not be held or participated in the system of goods distribution in Vietnam, unless Vietnam law or international treaties which the Socialist Republic of Vietnam is a member otherwise.
Chapter II PROCEDURES, RECORDS, REISSUED, AMENDED, additional, extend, REVOKE the REGISTRATION CERTIFICATE for the RIGHT to EXPORT and IMPORT RIGHTS, article 4. Procedures refresh, amendments, supplements, extension 1. Not present merchants send 1 (one) to Ministry of industry and trade (export and import) to be issued, reissued, amended, supplemented or renew the certificate of registration of right to export, the importing authority.
2. The time limit granted, again, modification, addition or renewal of certificates for export, the importing authority made under the provisions of article 9, article 12 and article 13 of Decree 90/2007/ND-CP on May 31, 2007 of the Government regulations on export permission, the right to import of foreign traders have no presence in Vietnam (hereinafter referred to as the Decree No. 90/ 2007/ND-CP).
3. The term of the registration certificate for the right to export, the importing authority is 5 (five) years.
Article 5. Certification profile to register export rights, the right to import 1. Recommended records issued a certificate of registration, the right to export and import rights include: a) the certification application to register the right to export, the importing authority to follow the model MĐ-1 Annex I attached to this circular;
b) original certificate of authority foreign agencies where registered traders established on the traders not present not be deprived of the right to trade or activity is subject to the penalties relating to the commercial activities under the provisions of the law of foreign countries where foreign traders established;
c) original certificate of authority foreign agencies where registered traders established on the traders not present there, the money is not restricted or lost the capacity for civil acts for traders not present is personal or legal representative for traders not present are economic organizations;
d) certified copies of business registration certificate or equivalent-value papers for traders is economic organizations; authenticated copies of paper ID, passport or other legal personal certificate for traders is personal;
DD) copies are certified financial statements are audited or verified documents the implementation of tax obligations or financial obligations in the most recent fiscal year by the competent authority where foreign traders established level or other documents by the competent bodies or to confirm the existence and operation of foreign merchants during the year financial provisions of the law of that country;
e) A main text, business capital confirmed the account number at the bank where foreign traders established;
g) agreement between the trader's representative abroad in Vietnam with traders not present, stating your name, contact address, telephone number;
h) copies are authenticated certificate of business registration of organizations representing merchants not present in Vietnam or authenticated copies ID, passport or other legal personal certificate to a representative personally.
3. The papers prescribed at points b, c, d, e, f item 2 this must be translated into Vietnamese and legalized in accordance with the law of Vietnam. Case specified in point g text item 2 this in a foreign language must be translated into Vietnamese have a notary or consular legalized.
Article 6. Profile modification, Supplement, replace the certificate of registered export rights, the right to import 1. When modifying, adding one of the contents stated in the certificate of registration of right to export, the importing authority, not present merchants must inform the certification authority and the procedures for amending and supplementing the registration certificate for the right to export, the importing authority.
2. The records suggest amendments, supplements, registration certificate re-issuance of rights, the right to export and import, including: a) petition to modify, Supplement, replace the certificate of registration of right to export, the importing authority to follow the model MĐ-2, MĐ-3 Annex I attached to this circular;
b) the original registration certificate of the right to export, the importing authority has been granted. In case the original is lost, burned, were destroyed, the traders do not present must present A certified copy or certified by the competent authorities;
c) original certificate of tax authorities regarding Vietnam not present merchants have made adequate financial, tax obligations with the State Vietnam until traders not present please modify, supplement the registration certificate for the right to export, the importing authority;
d) certified copies of business registration certificate or equivalent-value papers for traders is economic organizations; authenticated copies of paper ID, passport or other legal personal certificate for traders is personal;
DD) copies are attested in legal documents to prove the content changes in enroll certificates the right to export, the importing authority.
3. The papers specified in point d of paragraph 2 and this must be translated into Vietnamese and legalized in accordance with the law of Vietnam.
Article 7. The records renewed registration certificate export rights, the right to import 1. Records suggest the extension of the registration certificate for the right to export, the importing authority include:

a renewal application) certificate of registration of right to export, the importing authority to follow the model MĐ-4 Annex I attached to this circular;
b) the original registration certificate of the right to export, the import rights granted or authenticated copies in case the original is lost, burned, were destroyed;
c) copies are certified financial statements are audited or verified documents the implementation of tax obligations or financial obligations in the most recent fiscal year by the competent authority where foreign traders established level or other text are independent institutions, authorities or certification proving the existence and actual activities of traders in the most recent fiscal year as prescribed by the law of that country;
d) report on the export and import activities from the time of the registration certificate is granted the right to export and import rights to the time suggested renewed, on the basis of the synthesis report of the annual recurring activities as defined in paragraph 1 article 12 this circular;
DD) original certificate of tax authorities regarding Vietnam not present merchants have made adequate financial, tax obligations with the State Vietnam until traders not present please renew the certificate of registration of right to export, the importing authority.
2. The papers specified in points c and d of paragraph 1 of this article must be translated into Vietnamese and legalized in accordance with the law of Vietnam.
3. After the expiry of the certificate of registration of right to export, the importing authority has been renewed, if not present merchants still need to register the right export, import rights should extension registration procedures such as rules on record and the first renewal procedure mentioned above.
Article 8. Renewals and amendments and supplements the registration certificate export and import rights, rights in the event that traders do not present the proposal to renew at the same time with the amendments and supplements the registration certificate for the right to export, the importing authority, records suggest the extension of and additional amendments made under the provisions of article 6 and article 7 of this circular in which the renewal application and adjust the registration certificate for the right to export, the importing authority to follow the model MĐ-5 Annex I attached to this circular.
Article 9. Termination of the right to export, the importing authority in Vietnam 1. The termination of the right to export and import rights in Vietnam by traders not present perform as stipulated in article 14 of Decree 90/2007/ND-CP DATED. 2. Traders do not present terminate the right to export, the importing authority as specified in point a, b paragraph 1 article 14 of Decree 90/2007/ND-CP must submit texts to the Industry informed about the expected termination of the activity of traders not present under model TB Appendix I attached to this circular.
Article 10. Revocation of certificate of authority, the right to export and import traders do not present is revoked the registration certificates the right to export, the importing authority as specified in clause 2 article 15 of Decree 90/2007/ND-CP. Chapter III LIABILITY NOTICE and REPORT the ACTIVITY of FOREIGN TRADERS HAVE NO PRESENCE in VIETNAM article 11. Active notification 1. After level, modifying, supplementing the registration certificate renewal rights, the right to export and import, traders are not present to make the content publicly issued, modified, supplemented, extension recorded in the certificate of registration on the mass media disseminated according to the provisions in paragraph 3 article 9 , paragraph 4 Article 12, paragraph 6 article 13 of the Decree 90/2007/ND-CP DATED. 2. The mass media including newspapers, popular, newspapers, online, print, was released nationwide in Vietnam.
Article 12. Periodic activity reports and 1. Periodic activity reports annually of traders is not present financial reports are audited and follow the form BC annex I, attached to this circular. The report must be translated into Vietnamese and consular or legal notarized confirmation of Vietnam. The report was posted on the Service, the import/export Industry is the latest on 31 March of the following year.
2. not present merchants are responsible for providing the information, the report at the request of the Industry when needed to serve state management. Information, the report must be sent to the Ministry of industry and trade within 5 (five) working days from the date of receiving the written request of the Industry. 3. Other financial report mode, the mode reported statistics of traders not present is done according to the rules of the law of Vietnam.
Chapter IV the TERMS OF IMPLEMENTATION of article 13. Responsibility 1. Import-export service is responsible to the Minister of industry and trade, help make the grade, level back, to modify, Supplement, extend, revoke the certificate of registration of the export rights, the right to import goods for traders not present as prescribed in clause 1 article 6 of Decree 90/2007/ND-CP and guide of this circular.
2. The certificate of registration of a right, the right to export and import levels for traders not present will be established as 3 (three) copies to send traders not present (1); Save at the Ministry of industry and trade (1); send General Department of customs to coordinate management (01).
3. The Bureau of Commerce and information technology, Ministry of industry and commerce is responsible for development, implementation of information management software traders not present and coordinate with export and import in the updated, public on the website of the Ministry of industry and trade at the address http://www.moit.gov.vn about statistics and related information in the process of implementing the management functionality State for traders not present.
4. The level of currency, currency, payment, management and use of the certification fee to register the right to export, the import rights applied for foreign traders have no presence in Vietnam made by decision No. 108/2007/QD-BTC on December 26, 2007 the Minister of finance regarding the salary regulations , mode, submission, management and use of certification fees the right to export, the import rights applied for foreign traders have no presence in Vietnam.
Article 14. Effective enforcement of this circular effect since July 15, 2012.